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P. v. Mesinas CA3
This case returns to us from our Supreme Court for reconsideration in light of People v. White (2017) 2 Cal.5th 349 (White).
Defendant Carlos Mesinas forcibly raped L.M., the 14-year-old, severely disabled daughter of his longtime live-in girlfriend, with whom he had two children. He videotaped the assault on his cell phone and L.M.’s mother discovered the video. A jury found him guilty of forcible rape of a minor (Pen. Code, §§ 261, subd. (a)(2); 264, subd. (c)(2)), rape of a person incapable of giving consent (§ 261, subd. (a)(1)), and a lewd act on a child of 14 or 15 years (§ 288, subd. (c)(1)). Sentenced to 11 years in prison, defendant appeals.

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